Agenda 06/24/2025 Item #16A4 (Release a Performance Bond in the amount of $1,000,000, which was posted as a guaranty for Excavation Permit Number PL20210002363 for work associated with the Terreno at Valencia Golf and Coun6/24/2025
Item # 16.A.4
ID# 2025-1753
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,000,000, which
was posted as a guaranty for Excavation Permit Number PL20210002363 for work associated with the Terreno at
Valencia Golf and Country Club Phase 1.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as guaranties
for developer commitments in accordance with Section 22-115 of the Collier County Code of Ordinances. The work
associated with this security has been inspected, and the developer has fulfilled his commitments with respect to this
security. The Performance Bond was posted as security for an Excavation Permit associated with the Terreno at
Valencia Golf and Country Club Phase 1. The As-Built lake cross-sections have been received, and the lakes were
inspected on May 8, 2025, by the Development Review Division.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee and released after work is
performed.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - DDP
RECOMMENDATIONS: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$1,000,000. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by
the Board of County Commissioners, advising the Clerk of this action.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Bond Basis
Page 1024 of 3580
TERRENO GOLF AND COUNTRY CLUB
PHASE 1
LOCATION MAP
Page 1025 of 3580
EXCAVATION PERFORMANCE AGREEM ENT
THIS into this l/ Oay of
as "Developer," and theJa
Board of Co after referred to as the
"Board"
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.1 0 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20210002363 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$1,000,000.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulflll its obligations under this
Agreement, upon certification of such failure, the County tvlanager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work The Board shall
have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
1
2
4
5
The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
rs reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
6.
Page 1026 of 3580
the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulflll all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this ,, dayof r:.,,,',.'rl ,20-:-_L
7
SIGNED IN THE PRESENCE OF
Sign:
Patrick Butler
Sign:
/Z R,
Andrew Reiser
ATTEST:
Crystal K. Kinzel, CLERK
By
Coll County. Florida
ved a "6IL
ality
Derek D. Perry
Assistant County Attorney
(Pulte Home Company, LLC)
Evidence of signing authority attached
hereto as Exhibit "8".
(Pulte Home Company, LLC)
Richard McCormick - President {\u f'L D,\l ttt
BOARD OF COL]NTY COMN'lISSIONERS
OF COLLIER COUNTY. FLORIDA
By
Jaime Cook. Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
cr/
,11er(ay,&R*.*-:"-I
Clerk ofthe Circuit Court & Comptroller
Page 1027 of 3580
EXHIBIT IIA"
ExcrYrrr.r Performa nce Security
Page 1028 of 3580
EXHIBIT "A"
Pulte Home Company, LLC
24311 Walden Center Dr, #300
Bonita Springs, F I 34134
2394954085
(hereanafter referred to as "Ownea') and
Hartford Fire lnsurance Company
One Hartford Plaza
Hartford, CT 06155
888-266-3488
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of One Million and 00/100 Dollars ($1,000,000.00) in
laMul money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. PL202'10002363 and that certain excavation permit shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed
and shall continue until the date of completion of the work and approval by the County of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or until
replaced by a new bond in the event of a change of Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reason of Owner's failure to do
so, and shall reimburse and repay the County all outlay and expense which the County may incur in making
good any default, then thls obligation shall be void, otheMise to remain in full force and effect.
PROVIDED, FURTHER, thatthe said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 15th day of December, 2021 .
WITNESSES: Pulte Home Company, LLC
S
ftrrnc.ia S. kr
SEE ED NOTARY ACKNOWLEDGEMENT
D. Bryce Langen
Seott DrooKs
B
Vioe Plesident & Treasuref
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond Number: 59BSBlU1 755
KNOW ALL PERSONS BY THESE PRESENTS: that
Page 1029 of 3580
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGTA)
/ ss.
couNTY oF FULTON)
This record was acknowledged before me on December 15, 2021 ,
appeared D. Bryce Langen, VP & Treasurer of Pulte Home
Company, LLC, who provided to me on the basis of satisfactory
evidence to be the person who appeared before me and is
personally known to me.
WITNESS my hand official seal.
OrAe*+,rr.-"-
'Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRTEY E HUICHINS
Notary Public - Slate of Geo€la
Fullon County
My Commirrbo Erpires M 18,2022
Page 1030 of 3580
WITNESSES:
lrma Aguilar
fessika- $ulliver
SEE ATTACHED NOTARY ACKNOWLEDGEMENT
r.l-r:1s-02650i 7
Hartford Fire lnsurance Com ny
By
Polk, A Fact
Printed Name/Title
(Provide Proper Evidence of Authority)
,-le*lp- Cr,,Jlyot,
Page 1031 of 3580
ACKNOWLE06EMENT
Stote ol Arizono
County of Moricopa
On tL/t1/zpzr before me personally appe ored leremy Polk whoseia,iiifiG
who he or she cl
document.
ven to me on the bosis of sotisfactory evidence to be the person
oims to be, ond ocknowledged thot he or she signed the ottoched
(Seol)
Notory Signoture
Motthew Stonton Errd
Commission Expires Morch *, 2022@
Manhew Starton Ene
Nola.y puuic
Mancopa County, fuitoltr
My Comm. ExpiEs O3{r_22
Commisslon No. 543674
I
II
I
Page 1032 of 3580
POWER OF ATTORNE,Y
D ire ct I nqu iries/Cl ai ms to :
THE HARTFORD
aoND, T-12
One Hartford Plaza
Hartf ord, Connecticut 06155
Bond.Claims@thehartford.com
call 8W-266-348 or fax: 860-757-5835
KNOW ALL PERSONS 8Y THESE PRESENTS THAT Agency Name
Agency Code:
USI INSURANCE SVCS NATIONAL INC
59-300158
x Hartford Fire lnsulance Company, a corporation dulv organized under the la\s oflhe Stale ol Connecticut
Hartford Casualty latsurance Company, a corporation duly organized under rhe laws oflhe State of Indiana
Hartford Accident and lndemnity Company, a corporation duly organizcd under thc laws ofthe State ol Conneclicut
Hartford Underwriters lnsurance Company. a corpomtion dulv organized udcr the la\ls oflhe SErc ofConnectrcu(
Twin City Fire lnsurance Company, a corporalion duly organized under the la\rs ofthe Slarc oflndiana
Hartford lnsurance Company of lllinois, a corporation dulv organized under thc Iaws ol-the State ol'lllinois
Hartford lnsurance Compatry d the Midwest, a corpomtion dul_v orga.nlzed under the laus of the State of lndiana
Hartford lnsurance Company ot the Southeast, a corporalion duly organized under the laws ofthe Statc ofl-lorida
having their home offlce in Hartford, Connecticut, (hereinafter collectively refened to as the "Companies') do hereby make, constitute and appoint,
up lo theamouot of unLiniced :
Matthew Erra, ,Jeremy Polk of PHOENIX, Arizona
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 8, and to execute, seal and acknowledge any and all bonds, undertakings, contracb and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allou,/ed by law.
ln Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
@@@ffi@ffiffiffifrd
John Gray, Assistant Secretary lvl. Ross Fisher, SeniorVice President
STATE OF COt{ ECTICIIT r
1 .r. Hartford
COUI{TY OF HARTFORD ,
On this sth day of January, 20'18, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
sayr that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affxed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority
{"rtltL'""-1- \bf -'A
Karhlef, T Mayn d
Notary tublic
My Conmission Eptcs July 31,2021
the above and foregoing is a true and conect
ecember 15th, 2 021
CFRTIFICAIF
t, the ' \\IPd)President of the Companies, DO HEREBY CERTIFY that
ompanies,.i,vhich is still in full force efiective as of Dcopy of the
s
e/-@ffiffi,
,,/c ooP
/;w"fJ
x
I
I
ri."'.)
Kevin Hectman. Assistant Vice President
"i
Page 1033 of 3580
EXHIBIT IIB''
Signing Authority
Page 1034 of 3580
Prepared by and retum to:
Scott Clements
Area GeneralCounsel
Pulte Home Company, LLC
2301 Lucien Way, Suite 155
Maitland, Flodda 32751
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Scott M.
Clements, who upon being duly sworn, depos€s and says:
He is overthe age of eighteen (18) years and has personal knowledge ofthe facts stat€d herein.
I'le is Area General Counsel, Vice President, and Assistant Secretary of Pulte Home Company, LLC, a Miclrigan
limited liability company (the "LLC'), successor by conversion of Pulta Home Corporation, a Michigan
corpo6tion, which has never been dissolved.
The individuals identifed below have been duly authorized to execute documents on behalf of the LLC in
accordance with the Signing Power Resolutions adopted by the LLC as of January 1, 2017, curr€ntly in effect and
atlached hereto in pertinent part as Exhibit "A" (the "Signing Powers Resolution"), and such documents, propedy
executed by the individuals identlried below, on behalf of the LLC are binding upon the LLC:
1
2
3
Peter Keane
Brian Yonaley
Rich Mccormick
Anthony L. Schutt
Naomi Robertson
Daniel Bryce Langen
Gregory S. Rives
Michael Woolery
Steven Gust
Glenn Hasenfus
Mike Hueniken
Scott Brooks
Keith Stewart
Joshua Graeve
Wes Copeland
Travis Hucks
Scott Clements
Michael Blake Lapinsky
Craig Russo
Justin Wood
Area President (Florida)
Area Vice President - Finance (Florida)
Division President (Southwest Florida)
Vice President - Operations (Southwest Florida) and
Vic€ President - Finance (Southwest Florida)
Oirector - Finance (Southwest Florida)
Vice President - Finance and Treasurer
Assistant Treasurer
Vice President - Land Acquisition (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Vice President - Land Development (Southwest Florida)
Director - Land Development (Southwest Florida)
Vice President - Construction Operations (Southwest Florida)
Vice President - Sales (Southwest Florida); and Assistant Secretary (North
Florida, West Florida, Soulheast Florida, and Southwest Florida)
Vice President - Purchasing (Southwest Florida)
Dir6ctor of Product (Florida Zono)
Vice President and Assistant Secratary
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
General Sales Manager (Southwest Florjda) and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florjda)
Additionally and specifically, Naomi Robertson, as Director - Finance; Justin Wood, as General Sales
Manager; Ella Fleming as Dlvision Controlleri and Laura Ray, Chrlstlcia Marconi, Joann Frazier, Ashley
Sherrill, Maleine Beltran, and Cindl DiBkelmann, in their respective capacities as Closing/Homebuyer
Coordinators, have been duly authorized to execute (i) mntracts for the sale of residential homes or lots to
consumers (not to another busin€ss), and (ii) deeds of conveyance and all other documents that are relevant or
incident to the sale and closing of residential homes or lots to consumers (not to anothsr business), including any
mortgage-related documents, such as buydown agreements or other relevant documents, on behalf of the LLC,
and such documents, properly executed by such individuals on behalf ofthe LLC, are binding upon the LLC.
Further, Daniel Bryce Langen, as Vice President-Finance and Treasurer, and Gregory S. Rives, as Assistant
Treasurer, have been and are duly authorized to execute bonds and any other bond-related documsnts on behalf
ofthe LLC, and such documents, properly executed on behalf of the LLC are binding upon the LLC.
F:\croups\SERl€galco6bnlino\Forh3\AulhonMswF PHC 012021 (ulD.doc
Page 1035 of 3580
4
Notary
Commiss .: G
Commission Expfi ea: 01 12312024
The Signing Powers Resolution, Paragraph C., RESOLUTIONS, lV, Vll, and Vlll, idsntifies certain titles in th6
Division Specific Signing Power sections, which titles are clarified and shall correspond as set forth below:
A. Omission of the words "Gulf Coast," "North Florida," "West Florida," 'Florida,' "Southeast Florida" or
"Southwest Florida' afrer an officer's name does not constitute improper, incomplete or incorrect
execution and does not affect or limit the authority of the otherwise duly authorized offcer in any
way;
B. Division VP/Director of Finance shall mean either a Division-level (i.e., Southwest Florida-l€vel)
Vice President - Finance or a Director of Finance;
C. Division VP/Director of Land DevelopmenuAcquisition shall mean either a Division-level (i.e., a
Southwest Florida-level) Vice President - Land Development or Vice President - Land Acquisition;
or either a Director of Land Development or a Director of Land Acquisition;
D. Division VP/Director of Construction Operations shall also mean eithor a Division-level (i.e.,
Southwest Floridalevel) Vice President - Construction Operations or a Director of Construction
Operations;
E. Divisir-rrr/Prr-rject Conl.roller shall also mean either Divisaon Controller or Prdect Controller;
F. Division VP of Sales shall also mean Vice President - Sales.
The LLC is not now and has nev€r been a debtor in a bankruptcy proceeding during the existence of the LLC.
This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions of Section 689.045, Florida Statutos.
cfr14z
Scott M. Clement6
Swom to and subscribed before me oy means ot X pnysical presence or
-
online notarization th EM
. Costantino
of Florida
G929396
of , 2021, by Scott M. Clements, Area General Counsel, Vice President, and Assistant Secretary of
Pu e Com , LLC, a lilichigan limited liability company, on behalf of the LLC, who is personally knoMl to me
Pri Na lly V
blic
.r..+tdii
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KELLY V, COSIA}ITINO
commission I GG 98396
ErDios JonueIY 23, 2024
f.i.d Tttrl,Tot F in hiunnc'SmiEs?o19
F \Grcups\SERLegal\Coslanlno\Forms\Author ty\SWF PHC 01 2021 (l!ll) doc
6.
Page 1036 of 3580